Davias v. Social Security Administration

First Circuit

Davias v. Social Security Administration

82 F. App'x 710

Court of Appeals for the First Circuit·Decided December 24, 2003·No. No. 03-1376·Published

Opinion

PER CURIAM.

The judgment is affirmed substantially for the reasons recited in the magistrate judge’s Report and Recommendation dated January 22, 2003, which was subsequently adopted by the district judge. We add that neither below nor on appeal has plaintiff set forth “a general scenario which, if proven, would entitle [him] to relief against the defendants] on some cognizable theory.” Hatch v. Dep’t for Children, Youth & Families, 274 F.3d 12, 19 (1st Cir.2001). See, e.g., Brown v. Newberger, 291 F.3d 89, 92 (1st Cir.2002) (explaining why claims against state agency would fail); Monahan v. Dorchester Counseling Center, Inc., 961 F.2d 987, 994-95 (1st Cir.1992) (concluding that Restatement of Bill of Rights for Mental Health Patients, 42 U.S.C. § 10841, “creates no enforceable federal rights”) (footnote omitted). The district court thus did not abuse its discretion in denying plaintiffs request to amend his complaint on the ground of futility.

Affirmed.

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PER CURIAM.

The judgment is affirmed substantially for the reasons recited in the magistrate judge’s Report and Recommendation dated January 22, 2003, which was subsequently adopted by the district judge. We add that neither below nor on appeal has plaintiff set forth “a general scenario which, if proven, would entitle [him] to relief against the defendants] on some cognizable theory.” Hatch v. Dep’t for Children, Youth & Families, 274 F.3d 12, 19 (1st Cir.2001). See, e.g., Brown v. Newberger, 291 F.3d 89, 92 (1st Cir.2002) (explaining why claims against state agency would fail); Monahan v. Dorchester Counseling Center, Inc., 961 F.2d 987, 994-95 (1st Cir.1992) (concluding that Restatement of Bill of Rights for Mental Health Patients, 42 U.S.C. § 10841, “creates no enforceable federal rights”) (footnote omitted). The district court thus did not abuse its discretion in denying plaintiffs request to amend his complaint on the ground of futility.

Affirmed.

Davias v. Social Security Administration, 82 F. App'x 710 (1st Cir. 2003).

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